SUDARSHAN VYAPAR PVT LTD Vs. MADHUSUDAN GUHA

JUDGEMENT

(1.) In this revisional application, the petitioner has challenged the jurisdiction of the District Consumer Disputes Redressal Forum to receive the complaint case filed by the opposite party in connection with a development agreement executed on 15th May, 2006.

(2.) The petitioner in the said proceeding filed an application for dismissal of the complaint case being Case No.191 of 2011 for want of jurisdiction in view of the fact that in the Supplementary Agreement executed on 6th January, 2007, the parties have agreed to resolve their disputes by arbitration in terms of the provisions of the Arbitration and Conciliation Act, 1986. The said application was resisted on behalf of the opposite party on the ground that the original development agreement dated 15th May, 2006 does not contain any such arbitration clause and it specifically states that any legal proceedings in connection with the said development agreement can be filed and decided by the District Judge, Alipore or its Subordinate Court having jurisdiction to receive, entertain, try and determine all such suits.

(3.) Clause 26 of the Development Agreement and Clause 16 of the Supplementary Agreement are reproduced hereinbelow:-